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Paid Parental Leave Amendment Rules 2011 (No. 1)

Authoritative Version
  • - F2011L01340
  • No longer in force
Rules/Other as made
These Rules amend the Paid Parental Leave Rules 2010 to extend the recall to duty provisions to law enforcement officers. That is, if a person is a law enforcement officer and returns to work because they have been compulsorily recalled to duty, the Rules provide for them to remain eligible for parental leave pay.
Administered by: Families, Housing, Community Services and Indigenous Affairs
Registered 30 Jun 2011
Tabling HistoryDate
Tabled HR06-Jul-2011
Tabled Senate06-Jul-2011
Date of repeal 19 Mar 2014
Repealed by Social Services (Spent and Redundant Instruments) Repeal Regulation 2014

 

Paid Parental Leave Amendment Rules 2011 (No. 1)

Paid Parental Leave Act 2010

I, JENNY MACKLIN, Minister for Families, Housing, Community Services and Indigenous Affairs, make these Rules under section 298 of the Paid Parental Leave Act 2010.

Dated                                                21st June            2011

J Macklin

Minister for Families, Housing, Community Services and Indigenous Affairs


  

1              Name of Rules

                These Rules are the Paid Parental Leave Amendment Rules 2011 (No. 1).

2              Commencement

                Schedule 1 of these Rules commences on 1 July 2011.

3              Amendment of Paid Parental Leave Rules 2010

                Schedule 1 amends the Paid Parental Leave Rules 2010.



Schedule 1             Amendments commencing on 1 July 2011

(rule 3)

  

[1]            Subrule 2.5(a)

After “defence force member”, insert “or a law enforcement officer”.

 

[2]            Subrule 2.11(a)

After “defence force member”, insert “or a law enforcement officer”.

 

[3]            Subrule 2.21(a)

After “defence force member”, insert “or a law enforcement officer”.

 

[4]            Part 6-3

substitute

Part 6-3                 Extension of Act to persons who are not employees and employers

Division 6.3.1          Extension of Act to law enforcement officers — specified States and Territories

6.1           Application of Division 6.3.1

                This Division applies in relation to the following States and Territories:

                (a)    New South Wales;

                (b)    Victoria;

                (c)    Western Australia;

                (d)   South Australia;

                (e)    Tasmania;

                (f)    Northern Territory.

6.2           Definitions for Division 6.3.1

                In this Division:

                Commissioner of Police, for a specified State or Territory, means the person holding the office of Commissioner of Police (however titled) in relation to the police force of that specified State or Territory.

designated law enforcement officer, in relation to a specified State or Territory, means:

(a)        a member of the police force of that State or Territory; or

(b)       a person appointed to a position for the purpose of being trained as a member of the police force of that State or Territory; or

(c)        a person who has the powers and duties of a member of the police force of that State or Territory;

and, without limiting paragraphs (a), (b) and (c), includes a police reservist, a police recruit, a police cadet, a junior constable, a police medical officer, a special constable, an ancillary constable or a protective services officer.

specified State or Territory means a State or Territory that is mentioned in rule 6.1.

6.3           Extension of Act to persons who are not employees and employers — law enforcement officers (specified States and Territories)

                For subsection 299 (1) of the Act, the Secretary may make an employer determination under Part 3-5 of the Act for the Commissioner of Police for a specified State or Territory and a person who is a designated law enforcement officer in relation to that State or Territory.

6.4           Modification of Act — law enforcement officers (specified States and Territories)

                For a person who is a designated law enforcement officer in relation to a specified State or Territory, the Act is modified as follows:

(a)    the Commissioner of Police for that State or Territory is taken to be the employer of the designated law enforcement officer;

(b)   the designated law enforcement officer is taken to be an employee of the Commissioner of Police for that State or Territory (other than for paragraph 49(1)(a) of the Act);

(c)    a reference to the employment or engagement of the designated law enforcement officer is taken to be a reference to that officer’s role, functions or duties, however described, as a designated law enforcement officer;

(d)   paragraph 101(1)(e) is omitted.

 

Division 6.3.2          Extension of Act to law enforcement officers — Queensland

6.5           Definitions for Division 6.3.2

                In this Division:

Crown means the Crown in right of the State of Queensland.

law enforcement officer of Queensland means:

(a)    a member of the police force of Queensland; or

(b)   a person appointed to a position for the purpose of being trained as a member of the police force of Queensland; or

(c)    a person who has the powers and duties of a member of the police force of Queensland;

and, without limiting paragraphs (a), (b) and (c), includes a police reservist, a police recruit, a police cadet, a junior constable, a police medical officer, a special constable, an ancillary constable or a protective services officer.

6.6           Extension of Act to persons who are not employees and employers — law enforcement officers (Queensland)

                For subsection 299 (1) of the Act, the Secretary may make an employer determination under Part 3-5 of the Act for the Crown and a person who is a law enforcement officer of Queensland.

6.7           Modification of Act — law enforcement officers (Queensland)

                For a person who is a law enforcement officer of Queensland, the Act is modified as follows:

(a)    the Crown is taken to be the employer of a law enforcement officer of Queensland;

(b)   a law enforcement officer of Queensland is taken to be an employee of the Crown (other than for paragraph 49(1)(a) of the Act);

(c)    a reference to the employment or engagement of a law enforcement officer of Queensland is taken to be a reference to that officer’s role, functions or duties, however described, as a law enforcement officer of Queensland;

(d)   paragraph 101(1)(e) is omitted.

 

Division 6.3.3          Extension of Act to law enforcement officers — Australian Federal Police

6.8           Definitions for Division 6.3.3

                In this Division:

Australian Federal Police Commissioner means the Commissioner of the Australian Federal Police within the meaning of the Australian Federal Police Act 1979.

federal law enforcement officer means:

(a)    a member of the Australian Federal Police; or

(b)   a person appointed to a position for the purpose of being trained as a member of the Australian Federal Police; or

(c)    a person who has the powers and duties of a member of the Australian Federal Police;

and, without limiting paragraphs (a), (b) and (c), includes a police reservist, a police recruit, a police cadet, a junior constable, a police medical officer, a special constable, an ancillary constable or a protective services officer.

6.9           Extension of Act to persons who are not employees and employers — law enforcement officers (Australian Federal Police)

                For subsection 299 (1) of the Act, the Secretary may make an employer determination under Part 3-5 of the Act for the Australian Federal Police Commissioner and a person who is a federal law enforcement officer.

6.10         Modification of Act — law enforcement officers (Australian Federal Police)

                For a person who is a federal law enforcement officer, the Act is modified as follows:

(a)    the Australian Federal Police Commissioner is taken to be the employer of a federal law enforcement officer;

(b)   a federal law enforcement officer is taken to be an employee of the Australian Federal Police Commissioner (other than for paragraph 49(1)(a) of the Act);

(c)    a reference to the employment or engagement of a federal law enforcement officer is taken to be a reference to that officer’s role, functions or duties, however described, as a federal law enforcement officer;

(d)   paragraph 101(1)(e) is omitted.

 

Division 6.3.4          Extension of Act to defence force members

6.11         Definitions for Division 6.3.4

                In this Division:

Chief of the Defence Force is a reference to the Chief of the Defence Force appointed under section 9 of the Defence Act 1903.

Defence Force Ombudsman is a reference to the person who holds the office of the Defence Force Ombudsman under the Ombudsman Act 1976.

Fair Work Inspector has the same meaning as in the Fair Work Act 2009.

Fair Work Ombudsman is a reference to the person who holds the office of the Fair Work Ombudsman under the Fair Work Act 2009.

6.12         Extension of Act to persons who are not employees and employers — Defence force members

                For subsection 299 (1) of the Act, the Secretary may make an employer determination under Part 3-5 of the Act for the Chief of the Defence Force and a person who is a defence force member.

6.13         Modification of Act — Defence force members

                For a person who is a defence force member, the Act is modified as follows:

(a)    the Chief of the Defence Force is taken to be the employer of a defence force member;

(b)   a defence force member is taken to be an employee of the Chief of the Defence Force (other than for paragraph 49(1)(a) of the Act);

(c)    a reference to the employment or engagement of a defence force member is taken to be a reference to the service of a member of the defence force;

(d)   the Fair Work Ombudsman is taken to be a reference to the Defence Force Ombudsman;

(e)    the Fair Work Inspector is taken to be a reference to the Defence Force Ombudsman;

(f)                paragraph 101(1)(e) is omitted.